September 22, 2020
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       Florida Senate - 2010                                    SB 1782
       
       
       
       By Senator Villalobos
       
       
       
       
       38-02063A-10                                          20101782__
    1                   A reviser’s bill to be entitled                 
    2         An act relating to the Florida Statutes; repealing ss.
    3         110.1099(1)(b), 112.061(16), 212.031(10), 215.559(8),
    4         220.183(1)(h), 253.01(3), 253.034(13), 287.057(14)(b),
    5         373.1961(5) and (6), 373.472(1)(b), 375.041(3)(b),
    6         379.201(3), 379.204(3), 379.206(3), 403.7095(8),
    7         403.890(3), 408.036(1)(g), 624.5105(6), 733.702(5),
    8         and 985.0395, F.S.; and amending ss. 212.031(1)(a),
    9         212.08(5)(p), and 380.06(19)(e); to delete provisions
   10         which have become inoperative by noncurrent repeal or
   11         expiration and, pursuant to s. 11.242(5)(b) and (i),
   12         may be omitted from the 2010 Florida Statutes only
   13         through a reviser’s bill duly enacted by the
   14         Legislature; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (b) of subsection (1) of section
   19  110.1099, Florida Statutes, is repealed.
   20         Reviser’s note.—The cited paragraph, which relates to
   21         state employees not being authorized to receive
   22         fundable tuition waivers on a space-available basis
   23         during the 2001-2002 fiscal year only, expired
   24         pursuant to its own terms, effective July 1, 2002.
   25         Section 2. Subsection (16) of section 112.061, Florida
   26  Statutes, is repealed.
   27         Reviser’s note.—The cited subsection, which relates to
   28         travel reimbursement for Supreme Court justices,
   29         expired pursuant to its own terms, effective July 1,
   30         2009.
   31         Section 3. Subsection (10) of section 212.031, Florida
   32  Statutes, is repealed, and paragraph (a) of subsection (1) of
   33  that section is amended to read:
   34         212.031 Tax on rental or license fee for use of real
   35  property.—
   36         (1)(a) It is declared to be the legislative intent that
   37  every person is exercising a taxable privilege who engages in
   38  the business of renting, leasing, letting, or granting a license
   39  for the use of any real property unless such property is:
   40         1. Assessed as agricultural property under s. 193.461.
   41         2. Used exclusively as dwelling units.
   42         3. Property subject to tax on parking, docking, or storage
   43  spaces under s. 212.03(6).
   44         4. Recreational property or the common elements of a
   45  condominium when subject to a lease between the developer or
   46  owner thereof and the condominium association in its own right
   47  or as agent for the owners of individual condominium units or
   48  the owners of individual condominium units. However, only the
   49  lease payments on such property shall be exempt from the tax
   50  imposed by this chapter, and any other use made by the owner or
   51  the condominium association shall be fully taxable under this
   52  chapter.
   53         5. A public or private street or right-of-way and poles,
   54  conduits, fixtures, and similar improvements located on such
   55  streets or rights-of-way, occupied or used by a utility or
   56  provider of communications services, as defined by s. 202.11,
   57  for utility or communications or television purposes. For
   58  purposes of this subparagraph, the term “utility” means any
   59  person providing utility services as defined in s. 203.012. This
   60  exception also applies to property, wherever located, on which
   61  the following are placed: towers, antennas, cables, accessory
   62  structures, or equipment, not including switching equipment,
   63  used in the provision of mobile communications services as
   64  defined in s. 202.11. For purposes of this chapter, towers used
   65  in the provision of mobile communications services, as defined
   66  in s. 202.11, are considered to be fixtures.
   67         6. A public street or road which is used for transportation
   68  purposes.
   69         7. Property used at an airport exclusively for the purpose
   70  of aircraft landing or aircraft taxiing or property used by an
   71  airline for the purpose of loading or unloading passengers or
   72  property onto or from aircraft or for fueling aircraft.
   73         8.a. Property used at a port authority, as defined in s.
   74  315.02(2), exclusively for the purpose of oceangoing vessels or
   75  tugs docking, or such vessels mooring on property used by a port
   76  authority for the purpose of loading or unloading passengers or
   77  cargo onto or from such a vessel, or property used at a port
   78  authority for fueling such vessels, or to the extent that the
   79  amount paid for the use of any property at the port is based on
   80  the charge for the amount of tonnage actually imported or
   81  exported through the port by a tenant.
   82         b. The amount charged for the use of any property at the
   83  port in excess of the amount charged for tonnage actually
   84  imported or exported shall remain subject to tax except as
   85  provided in sub-subparagraph a.
   86         9. Property used as an integral part of the performance of
   87  qualified production services. As used in this subparagraph, the
   88  term “qualified production services” means any activity or
   89  service performed directly in connection with the production of
   90  a qualified motion picture, as defined in s. 212.06(1)(b), and
   91  includes:
   92         a. Photography, sound and recording, casting, location
   93  managing and scouting, shooting, creation of special and optical
   94  effects, animation, adaptation (language, media, electronic, or
   95  otherwise), technological modifications, computer graphics, set
   96  and stage support (such as electricians, lighting designers and
   97  operators, greensmen, prop managers and assistants, and grips),
   98  wardrobe (design, preparation, and management), hair and makeup
   99  (design, production, and application), performing (such as
  100  acting, dancing, and playing), designing and executing stunts,
  101  coaching, consulting, writing, scoring, composing,
  102  choreographing, script supervising, directing, producing,
  103  transmitting dailies, dubbing, mixing, editing, cutting,
  104  looping, printing, processing, duplicating, storing, and
  105  distributing;
  106         b. The design, planning, engineering, construction,
  107  alteration, repair, and maintenance of real or personal property
  108  including stages, sets, props, models, paintings, and facilities
  109  principally required for the performance of those services
  110  listed in sub-subparagraph a.; and
  111         c. Property management services directly related to
  112  property used in connection with the services described in sub
  113  subparagraphs a. and b.
  114  
  115  This exemption will inure to the taxpayer upon presentation of
  116  the certificate of exemption issued to the taxpayer under the
  117  provisions of s. 288.1258.
  118         10. Leased, subleased, licensed, or rented to a person
  119  providing food and drink concessionaire services within the
  120  premises of a convention hall, exhibition hall, auditorium,
  121  stadium, theater, arena, civic center, performing arts center,
  122  publicly owned recreational facility, or any business operated
  123  under a permit issued pursuant to chapter 550. A person
  124  providing retail concessionaire services involving the sale of
  125  food and drink or other tangible personal property within the
  126  premises of an airport shall be subject to tax on the rental of
  127  real property used for that purpose, but shall not be subject to
  128  the tax on any license to use the property. For purposes of this
  129  subparagraph, the term “sale” shall not include the leasing of
  130  tangible personal property.
  131         11. Property occupied pursuant to an instrument calling for
  132  payments which the department has declared, in a Technical
  133  Assistance Advisement issued on or before March 15, 1993, to be
  134  nontaxable pursuant to rule 12A-1.070(19)(c), Florida
  135  Administrative Code; provided that this subparagraph shall only
  136  apply to property occupied by the same person before and after
  137  the execution of the subject instrument and only to those
  138  payments made pursuant to such instrument, exclusive of renewals
  139  and extensions thereof occurring after March 15, 1993.
  140         12.Rented, leased, subleased, or licensed to a
  141  concessionaire by a convention hall, exhibition hall,
  142  auditorium, stadium, theater, arena, civic center, performing
  143  arts center, or publicly owned recreational facility, during an
  144  event at the facility, to be used by the concessionaire to sell
  145  souvenirs, novelties, or other event-related products. This
  146  subparagraph applies only to that portion of the rental, lease,
  147  or license payment which is based on a percentage of sales and
  148  not based on a fixed price. This subparagraph is repealed July
  149  1, 2009.
  150         12. 13. Property used or occupied predominantly for space
  151  flight business purposes. As used in this subparagraph, “space
  152  flight business” means the manufacturing, processing, or
  153  assembly of a space facility, space propulsion system, space
  154  vehicle, satellite, or station of any kind possessing the
  155  capacity for space flight, as defined by s. 212.02(23), or
  156  components thereof, and also means the following activities
  157  supporting space flight: vehicle launch activities, flight
  158  operations, ground control or ground support, and all
  159  administrative activities directly related thereto. Property
  160  shall be deemed to be used or occupied predominantly for space
  161  flight business purposes if more than 50 percent of the
  162  property, or improvements thereon, is used for one or more space
  163  flight business purposes. Possession by a landlord, lessor, or
  164  licensor of a signed written statement from the tenant, lessee,
  165  or licensee claiming the exemption shall relieve the landlord,
  166  lessor, or licensor from the responsibility of collecting the
  167  tax, and the department shall look solely to the tenant, lessee,
  168  or licensee for recovery of such tax if it determines that the
  169  exemption was not applicable.
  170         Reviser’s note.—Amends paragraph (1)(a) to delete
  171         subparagraph 12., which provides an exemption from tax
  172         for the rental or licensure of property to a
  173         concessionaire by specified recreational facilities
  174         for sale of event-related products, which subparagraph
  175         was repealed pursuant to its own terms, effective July
  176         1, 2009. Repeals subsection (10), which provided for
  177         an exemption from tax for separately stated charges
  178         imposed by specified recreational facilities upon a
  179         lessee or licensee for food, drink, or services
  180         required or available in connection with a lease or
  181         license to use real property, including charges for
  182         event-related personnel, advertising, and credit card
  183         processing, which subsection was repealed by s. 2, ch.
  184         2006-101, Laws of Florida, effective July 1, 2009.
  185         Since the subsection was not repealed by a “current
  186         session” of the Legislature, it may be omitted from
  187         the 2010 Florida Statutes only through a reviser’s
  188         bill duly enacted by the Legislature. See s.
  189         11.242(5)(b) and (i).
  190         Section 4. Paragraph (p) of subsection (5) of section
  191  212.08, Florida Statutes, is amended to read:
  192         212.08 Sales, rental, use, consumption, distribution, and
  193  storage tax; specified exemptions.—The sale at retail, the
  194  rental, the use, the consumption, the distribution, and the
  195  storage to be used or consumed in this state of the following
  196  are hereby specifically exempt from the tax imposed by this
  197  chapter.
  198         (5) EXEMPTIONS; ACCOUNT OF USE.—
  199         (p) Community contribution tax credit for donations.—
  200         1. Authorization.—Persons who are registered with the
  201  department under s. 212.18 to collect or remit sales or use tax
  202  and who make donations to eligible sponsors are eligible for tax
  203  credits against their state sales and use tax liabilities as
  204  provided in this paragraph:
  205         a. The credit shall be computed as 50 percent of the
  206  person’s approved annual community contribution.
  207         b. The credit shall be granted as a refund against state
  208  sales and use taxes reported on returns and remitted in the 12
  209  months preceding the date of application to the department for
  210  the credit as required in sub-subparagraph 3.c. If the annual
  211  credit is not fully used through such refund because of
  212  insufficient tax payments during the applicable 12-month period,
  213  the unused amount may be included in an application for a refund
  214  made pursuant to sub-subparagraph 3.c. in subsequent years
  215  against the total tax payments made for such year. Carryover
  216  credits may be applied for a 3-year period without regard to any
  217  time limitation that would otherwise apply under s. 215.26.
  218         c. A person may not receive more than $200,000 in annual
  219  tax credits for all approved community contributions made in any
  220  one year.
  221         d. All proposals for the granting of the tax credit require
  222  the prior approval of the Office of Tourism, Trade, and Economic
  223  Development.
  224         e. The total amount of tax credits which may be granted for
  225  all programs approved under this paragraph, s. 220.183, and s.
  226  624.5105 is $10.5 million annually for projects that provide
  227  homeownership opportunities for low-income or very-low-income
  228  households as defined in s. 420.9071(19) and (28) and $3.5
  229  million annually for all other projects.
  230         f. A person who is eligible to receive the credit provided
  231  for in this paragraph, s. 220.183, or s. 624.5105 may receive
  232  the credit only under the one section of the person’s choice.
  233         2. Eligibility requirements.—
  234         a. A community contribution by a person must be in the
  235  following form:
  236         (I) Cash or other liquid assets;
  237         (II) Real property;
  238         (III) Goods or inventory; or
  239         (IV) Other physical resources as identified by the Office
  240  of Tourism, Trade, and Economic Development.
  241         b. All community contributions must be reserved exclusively
  242  for use in a project. As used in this sub-subparagraph, the term
  243  “project” means any activity undertaken by an eligible sponsor
  244  which is designed to construct, improve, or substantially
  245  rehabilitate housing that is affordable to low-income or very
  246  low-income households as defined in s. 420.9071(19) and (28);
  247  designed to provide commercial, industrial, or public resources
  248  and facilities; or designed to improve entrepreneurial and job
  249  development opportunities for low-income persons. A project may
  250  be the investment necessary to increase access to high-speed
  251  broadband capability in rural communities with enterprise zones,
  252  including projects that result in improvements to communications
  253  assets that are owned by a business. A project may include the
  254  provision of museum educational programs and materials that are
  255  directly related to any project approved between January 1,
  256  1996, and December 31, 1999, and located in an enterprise zone
  257  designated pursuant to s. 290.0065. This paragraph does not
  258  preclude projects that propose to construct or rehabilitate
  259  housing for low-income or very-low-income households on
  260  scattered sites. With respect to housing, contributions may be
  261  used to pay the following eligible low-income and very-low
  262  income housing-related activities:
  263         (I) Project development impact and management fees for low
  264  income or very-low-income housing projects;
  265         (II) Down payment and closing costs for eligible persons,
  266  as defined in s. 420.9071(19) and (28);
  267         (III) Administrative costs, including housing counseling
  268  and marketing fees, not to exceed 10 percent of the community
  269  contribution, directly related to low-income or very-low-income
  270  projects; and
  271         (IV) Removal of liens recorded against residential property
  272  by municipal, county, or special district local governments when
  273  satisfaction of the lien is a necessary precedent to the
  274  transfer of the property to an eligible person, as defined in s.
  275  420.9071(19) and (28), for the purpose of promoting home
  276  ownership. Contributions for lien removal must be received from
  277  a nonrelated third party.
  278         c. The project must be undertaken by an “eligible sponsor,”
  279  which includes:
  280         (I) A community action program;
  281         (II) A nonprofit community-based development organization
  282  whose mission is the provision of housing for low-income or
  283  very-low-income households or increasing entrepreneurial and
  284  job-development opportunities for low-income persons;
  285         (III) A neighborhood housing services corporation;
  286         (IV) A local housing authority created under chapter 421;
  287         (V) A community redevelopment agency created under s.
  288  163.356;
  289         (VI) The Florida Industrial Development Corporation;
  290         (VII) A historic preservation district agency or
  291  organization;
  292         (VIII) A regional workforce board;
  293         (IX) A direct-support organization as provided in s.
  294  1009.983;
  295         (X) An enterprise zone development agency created under s.
  296  290.0056;
  297         (XI) A community-based organization incorporated under
  298  chapter 617 which is recognized as educational, charitable, or
  299  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
  300  and whose bylaws and articles of incorporation include
  301  affordable housing, economic development, or community
  302  development as the primary mission of the corporation;
  303         (XII) Units of local government;
  304         (XIII) Units of state government; or
  305         (XIV) Any other agency that the Office of Tourism, Trade,
  306  and Economic Development designates by rule.
  307  
  308  In no event may a contributing person have a financial interest
  309  in the eligible sponsor.
  310         d. The project must be located in an area designated an
  311  enterprise zone or a Front Porch Florida Community pursuant to
  312  s. 20.18(6), unless the project increases access to high-speed
  313  broadband capability for rural communities with enterprise zones
  314  but is physically located outside the designated rural zone
  315  boundaries. Any project designed to construct or rehabilitate
  316  housing for low-income or very-low-income households as defined
  317  in s. 420.9071(19) and (28) is exempt from the area requirement
  318  of this sub-subparagraph.
  319         e.(I) If, during the first 10 business days of the state
  320  fiscal year, eligible tax credit applications for projects that
  321  provide homeownership opportunities for low-income or very-low
  322  income households as defined in s. 420.9071(19) and (28) are
  323  received for less than the annual tax credits available for
  324  those projects, the Office of Tourism, Trade, and Economic
  325  Development shall grant tax credits for those applications and
  326  shall grant remaining tax credits on a first-come, first-served
  327  basis for any subsequent eligible applications received before
  328  the end of the state fiscal year. If, during the first 10
  329  business days of the state fiscal year, eligible tax credit
  330  applications for projects that provide homeownership
  331  opportunities for low-income or very-low-income households as
  332  defined in s. 420.9071(19) and (28) are received for more than
  333  the annual tax credits available for those projects, the office
  334  shall grant the tax credits for those applications as follows:
  335         (A) If tax credit applications submitted for approved
  336  projects of an eligible sponsor do not exceed $200,000 in total,
  337  the credits shall be granted in full if the tax credit
  338  applications are approved.
  339         (B) If tax credit applications submitted for approved
  340  projects of an eligible sponsor exceed $200,000 in total, the
  341  amount of tax credits granted pursuant to sub-sub-sub
  342  subparagraph (A) shall be subtracted from the amount of
  343  available tax credits, and the remaining credits shall be
  344  granted to each approved tax credit application on a pro rata
  345  basis.
  346         (II) If, during the first 10 business days of the state
  347  fiscal year, eligible tax credit applications for projects other
  348  than those that provide homeownership opportunities for low
  349  income or very-low-income households as defined in s.
  350  420.9071(19) and (28) are received for less than the annual tax
  351  credits available for those projects, the office shall grant tax
  352  credits for those applications and shall grant remaining tax
  353  credits on a first-come, first-served basis for any subsequent
  354  eligible applications received before the end of the state
  355  fiscal year. If, during the first 10 business days of the state
  356  fiscal year, eligible tax credit applications for projects other
  357  than those that provide homeownership opportunities for low
  358  income or very-low-income households as defined in s.
  359  420.9071(19) and (28) are received for more than the annual tax
  360  credits available for those projects, the office shall grant the
  361  tax credits for those applications on a pro rata basis.
  362         3. Application requirements.—
  363         a. Any eligible sponsor seeking to participate in this
  364  program must submit a proposal to the Office of Tourism, Trade,
  365  and Economic Development which sets forth the name of the
  366  sponsor, a description of the project, and the area in which the
  367  project is located, together with such supporting information as
  368  is prescribed by rule. The proposal must also contain a
  369  resolution from the local governmental unit in which the project
  370  is located certifying that the project is consistent with local
  371  plans and regulations.
  372         b. Any person seeking to participate in this program must
  373  submit an application for tax credit to the office which sets
  374  forth the name of the sponsor, a description of the project, and
  375  the type, value, and purpose of the contribution. The sponsor
  376  shall verify the terms of the application and indicate its
  377  receipt of the contribution, which verification must be in
  378  writing and accompany the application for tax credit. The person
  379  must submit a separate tax credit application to the office for
  380  each individual contribution that it makes to each individual
  381  project.
  382         c. Any person who has received notification from the office
  383  that a tax credit has been approved must apply to the department
  384  to receive the refund. Application must be made on the form
  385  prescribed for claiming refunds of sales and use taxes and be
  386  accompanied by a copy of the notification. A person may submit
  387  only one application for refund to the department within any 12
  388  month period.
  389         4. Administration.—
  390         a. The Office of Tourism, Trade, and Economic Development
  391  may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary
  392  to administer this paragraph, including rules for the approval
  393  or disapproval of proposals by a person.
  394         b. The decision of the office must be in writing, and, if
  395  approved, the notification shall state the maximum credit
  396  allowable to the person. Upon approval, the office shall
  397  transmit a copy of the decision to the Department of Revenue.
  398         c. The office shall periodically monitor all projects in a
  399  manner consistent with available resources to ensure that
  400  resources are used in accordance with this paragraph; however,
  401  each project must be reviewed at least once every 2 years.
  402         d. The office shall, in consultation with the Department of
  403  Community Affairs and the statewide and regional housing and
  404  financial intermediaries, market the availability of the
  405  community contribution tax credit program to community-based
  406  organizations.
  407         5.Notwithstanding sub-subparagraph 1.e., and for the 2008
  408  2009 fiscal year only, the total amount of tax credit which may
  409  be granted for all programs approved under this section and ss.
  410  220.183 and 624.5105 is $13 million annually for projects that
  411  provide homeownership opportunities for low-income or very-low
  412  income households as defined in s. 420.9071(19) and (28) and
  413  $3.5 million annually for all other projects. This subparagraph
  414  expires June 30, 2009.
  415         5. 6. Expiration.—This paragraph expires June 30, 2015;
  416  however, any accrued credit carryover that is unused on that
  417  date may be used until the expiration of the 3-year carryover
  418  period for such credit.
  419         Reviser’s note.—Amends paragraph (5)(p) to delete
  420         subparagraph 5., which relates to a cap on the
  421         community contribution tax credit for donations
  422         amounts for projects providing homeownership
  423         opportunities for low-income and very-low-income
  424         households for the 2008-2009 fiscal year, which
  425         subparagraph expired pursuant to its own terms,
  426         effective June 30, 2009.
  427         Section 5. Subsection (8) of section 215.559, Florida
  428  Statutes, is repealed.
  429         Reviser’s note.—The cited subsection, which provides
  430         for allocation of funds for the Hurricane Loss
  431         Mitigation Program for the 2008-2009 fiscal year only,
  432         expired pursuant to its own terms, effective July 1,
  433         2009.
  434         Section 6. Paragraph (h) of subsection (1) of section
  435  220.183, Florida Statutes, is repealed.
  436         Reviser’s note.—The cited paragraph, which relates to
  437         a cap on the community contribution tax credit amounts
  438         for projects providing homeownership opportunities for
  439         low-income and very-low-income households for the
  440         2008-2009 fiscal year, expired pursuant to its own
  441         terms, effective June 30, 2009.
  442         Section 7. Subsection (3) of section 253.01, Florida
  443  Statutes, is repealed.
  444         Reviser’s note.—The cited subsection, which relates to
  445         use of Internal Improvement Trust Fund moneys for the
  446         2008-2009 fiscal year for grants and aids to local
  447         governments for the drinking water facility
  448         construction state revolving loan program, expired
  449         pursuant to its own terms, effective July 1, 2009.
  450         Section 8. Subsection (13) of section 253.034, Florida
  451  Statutes, is repealed.
  452         Reviser’s note.—The cited subsection, which relates to
  453         deposit of funds from the sale of property by the
  454         Department of Highway Safety and Motor Vehicles
  455         located in Palm Beach County into the Highway Safety
  456         Operating Trust Fund to facilitate the exchange as
  457         provided in the General Appropriations Act, provided
  458         that at the conclusion of both exchanges the values
  459         are equalized, expired pursuant to its own terms,
  460         effective July 1, 2009.
  461         Section 9. Paragraph (b) of subsection (14) of section
  462  287.057, Florida Statutes, is repealed.
  463         Reviser’s note.—The cited paragraph, which relates to
  464         authority of the Department of Health to enter into an
  465         agreement, not to exceed 20 years, with a private
  466         contractor to finance, design, and construct a
  467         hospital, of no more than 50 beds, for the treatment
  468         of patients with active tuberculosis and to operate
  469         all aspects of daily operations within the facility,
  470         expired pursuant to its own terms, effective July 1,
  471         2009.
  472         Section 10. Subsections (5) and (6) of section 373.1961,
  473  Florida Statutes, are repealed.
  474         Reviser’s note.—Subsection (5), relating to
  475         distribution of funds for an alternative water supply
  476         for the 2008-2009 fiscal year only in the state water
  477         resource plan, expired pursuant to its own terms,
  478         effective July 1, 2009. Subsection (6), relating to
  479         funds remaining to be distributed after the
  480         distribution in subsection (5), for the 2008-2009
  481         fiscal year only, has served its purpose.
  482         Section 11. Paragraph (b) of subsection (1) of section
  483  373.472, Florida Statutes, is repealed.
  484         Reviser’s note.—The cited paragraph, which provides
  485         that the uses and purposes of the Save Our Everglades
  486         Trust Fund specified in paragraph (1)(a) are
  487         inapplicable for the 2008-2009 fiscal year, expired
  488         pursuant to its own terms, effective July 1, 2009.
  489         Section 12. Paragraph (b) of subsection (3) of section
  490  375.041, Florida Statutes, is repealed.
  491         Reviser’s note.—The cited paragraph, which relates to
  492         transfer of moneys in the Land Acquisition Trust Fund
  493         to the Ecosystem Management and Restoration Trust Fund
  494         for grants and aids to local governments for water
  495         projects as provided in the General Appropriations Act
  496         for the 2008-2009 fiscal year, expired pursuant to its
  497         own terms, effective July 1, 2009.
  498         Section 13. Subsection (3) of section 379.201, Florida
  499  Statutes, is repealed.
  500         Reviser’s note.—The cited subsection, which relates to
  501         termination of the Administrative Trust Fund within
  502         the Fish and Wildlife Conservation Commission, was
  503         repealed by s. 2, ch. 2008-21, Laws of Florida,
  504         effective July 1, 2009. Since the subsection was not
  505         repealed by a “current session” of the Legislature, it
  506         may be omitted from the 2010 Florida Statutes only
  507         through a reviser’s bill duly enacted by the
  508         Legislature. See s. 11.242(5)(b) and (i).
  509         Section 14. Subsection (3) of section 379.204, Florida
  510  Statutes, is repealed.
  511         Reviser’s note.—The cited subsection, which relates to
  512         termination of the Federal Grants Trust Fund within
  513         the Fish and Wildlife Conservation Commission, was
  514         repealed by s. 2, ch. 2008-22, Laws of Florida,
  515         effective July 1, 2009. Since the subsection was not
  516         repealed by a “current session” of the Legislature, it
  517         may be omitted from the 2010 Florida Statutes only
  518         through a reviser’s bill duly enacted by the
  519         Legislature. See s. 11.242(5)(b) and (i).
  520         Section 15. Subsection (3) of section 379.206, Florida
  521  Statutes, is repealed.
  522         Reviser’s note.—The cited subsection, which relates to
  523         termination of the Grants and Donations Trust Fund
  524         within the Fish and Wildlife Conservation Commission,
  525         was repealed by s. 2, ch. 2008-23, Laws of Florida,
  526         effective July 1, 2009. Since the subsection was not
  527         repealed by a “current session” of the Legislature, it
  528         may be omitted from the 2010 Florida Statutes only
  529         through a reviser’s bill duly enacted by the
  530         Legislature. See s. 11.242(5)(b) and (i).
  531         Section 16. Paragraph (e) of subsection (19) of section
  532  380.06, Florida Statutes, is amended to read:
  533         380.06 Developments of regional impact.—
  534         (19) SUBSTANTIAL DEVIATIONS.—
  535         (e)1. Except for a development order rendered pursuant to
  536  subsection (22) or subsection (25), a proposed change to a
  537  development order that individually or cumulatively with any
  538  previous change is less than any numerical criterion contained
  539  in subparagraphs (b)1.-13. and does not exceed any other
  540  criterion, or that involves an extension of the buildout date of
  541  a development, or any phase thereof, of less than 5 years is not
  542  subject to the public hearing requirements of subparagraph
  543  (f)3., and is not subject to a determination pursuant to
  544  subparagraph (f)5. Notice of the proposed change shall be made
  545  to the regional planning council and the state land planning
  546  agency. Such notice shall include a description of previous
  547  individual changes made to the development, including changes
  548  previously approved by the local government, and shall include
  549  appropriate amendments to the development order.
  550         2. The following changes, individually or cumulatively with
  551  any previous changes, are not substantial deviations:
  552         a. Changes in the name of the project, developer, owner, or
  553  monitoring official.
  554         b. Changes to a setback that do not affect noise buffers,
  555  environmental protection or mitigation areas, or archaeological
  556  or historical resources.
  557         c. Changes to minimum lot sizes.
  558         d. Changes in the configuration of internal roads that do
  559  not affect external access points.
  560         e. Changes to the building design or orientation that stay
  561  approximately within the approved area designated for such
  562  building and parking lot, and which do not affect historical
  563  buildings designated as significant by the Division of
  564  Historical Resources of the Department of State.
  565         f. Changes to increase the acreage in the development,
  566  provided that no development is proposed on the acreage to be
  567  added.
  568         g. Changes to eliminate an approved land use, provided that
  569  there are no additional regional impacts.
  570         h. Changes required to conform to permits approved by any
  571  federal, state, or regional permitting agency, provided that
  572  these changes do not create additional regional impacts.
  573         i. Any renovation or redevelopment of development within a
  574  previously approved development of regional impact which does
  575  not change land use or increase density or intensity of use.
  576         j. Changes that modify boundaries and configuration of
  577  areas described in subparagraph (b)14. due to science-based
  578  refinement of such areas by survey, by habitat evaluation, by
  579  other recognized assessment methodology, or by an environmental
  580  assessment. In order for changes to qualify under this sub
  581  subparagraph, the survey, habitat evaluation, or assessment must
  582  occur prior to the time a conservation easement protecting such
  583  lands is recorded and must not result in any net decrease in the
  584  total acreage of the lands specifically set aside for permanent
  585  preservation in the final development order.
  586         k.Changes to permit the sale of an affordable housing unit
  587  to a person who earns less than 120 percent of the area median
  588  income, provided the developer actively markets the unit for a
  589  minimum period of 6 months, is unable to close a sale to a
  590  qualified buyer in a lower income qualified income class, a
  591  certificate of occupancy is issued for the unit, and the
  592  developer proposes to sell the unit to a person who earns less
  593  than 120 percent of the area median income at a purchase price
  594  that is no greater than the purchase price at which the unit was
  595  originally marketed to a lower income qualified class. This
  596  provision may not be applied to residential units approved
  597  pursuant to subparagraph (b)7. or paragraph (i), and shall
  598  expire on July 1, 2009.
  599         k. l. Any other change which the state land planning
  600  agency, in consultation with the regional planning council,
  601  agrees in writing is similar in nature, impact, or character to
  602  the changes enumerated in sub-subparagraphs a.-j. and which does
  603  not create the likelihood of any additional regional impact.
  604  
  605  This subsection does not require the filing of a notice of
  606  proposed change but shall require an application to the local
  607  government to amend the development order in accordance with the
  608  local government’s procedures for amendment of a development
  609  order. In accordance with the local government’s procedures,
  610  including requirements for notice to the applicant and the
  611  public, the local government shall either deny the application
  612  for amendment or adopt an amendment to the development order
  613  which approves the application with or without conditions.
  614  Following adoption, the local government shall render to the
  615  state land planning agency the amendment to the development
  616  order. The state land planning agency may appeal, pursuant to s.
  617  380.07(3), the amendment to the development order if the
  618  amendment involves sub-subparagraph g., sub-subparagraph h.,
  619  sub-subparagraph j., or sub-subparagraph k., or sub-subparagraph
  620  l., and it believes the change creates a reasonable likelihood
  621  of new or additional regional impacts.
  622         3. Except for the change authorized by sub-subparagraph
  623  2.f., any addition of land not previously reviewed or any change
  624  not specified in paragraph (b) or paragraph (c) shall be
  625  presumed to create a substantial deviation. This presumption may
  626  be rebutted by clear and convincing evidence.
  627         4. Any submittal of a proposed change to a previously
  628  approved development shall include a description of individual
  629  changes previously made to the development, including changes
  630  previously approved by the local government. The local
  631  government shall consider the previous and current proposed
  632  changes in deciding whether such changes cumulatively constitute
  633  a substantial deviation requiring further development-of
  634  regional-impact review.
  635         5. The following changes to an approved development of
  636  regional impact shall be presumed to create a substantial
  637  deviation. Such presumption may be rebutted by clear and
  638  convincing evidence.
  639         a. A change proposed for 15 percent or more of the acreage
  640  to a land use not previously approved in the development order.
  641  Changes of less than 15 percent shall be presumed not to create
  642  a substantial deviation.
  643         b. Notwithstanding any provision of paragraph (b) to the
  644  contrary, a proposed change consisting of simultaneous increases
  645  and decreases of at least two of the uses within an authorized
  646  multiuse development of regional impact which was originally
  647  approved with three or more uses specified in s. 380.0651(3)(c),
  648  (d), (e), and (f) and residential use.
  649         Reviser’s note.—Amends paragraph (19)(e) to delete
  650         sub-subparagraph 2.k., which provided that changes to
  651         permit certain sales of affordable housing units are
  652         not substantial deviations from development orders,
  653         which sub-subparagraph expired pursuant to its own
  654         terms, effective July 1, 2009.
  655         Section 17. Subsection (8) of section 403.7095, Florida
  656  Statutes, is repealed.
  657         Reviser’s note.—The cited subsection, which authorizes
  658         the Department of Environmental Protection, for the
  659         2008-2009 fiscal year only, to award specified funds
  660         to counties having populations of fewer than 100,000
  661         for waste tire and litter prevention, recycling
  662         education, and general solid waste programs and for
  663         the Innovative Grant Program, expired pursuant to its
  664         own terms, effective July 1, 2009.
  665         Section 18. Subsection (3) of section 403.890, Florida
  666  Statutes, is repealed.
  667         Reviser’s note.—The cited subsection, which relates to
  668         transfer of moneys in the Water Protection and
  669         Sustainability Program Trust Fund to the Ecosystem
  670         Management and Restoration Trust Fund for grants and
  671         aids to local governments for water projects as
  672         provided in the General Appropriations Act, for the
  673         2008-2009 fiscal year only, expired pursuant to its
  674         own terms, effective July 1, 2009.
  675         Section 19. Paragraph (g) of subsection (1) of section
  676  408.036, Florida Statutes, is repealed.
  677         Reviser’s note.—The cited paragraph, which requires
  678         review of an increase in the number of beds for acute
  679         care in a hospital that is located in a low-growth
  680         county, was repealed pursuant to its own terms,
  681         effective July 1, 2009.
  682         Section 20. Subsection (6) of section 624.5105, Florida
  683  Statutes, is repealed.
  684         Reviser’s note.—The cited subsection, which relates to
  685         a cap on the community contribution tax credit amount
  686         for projects providing homeownership opportunities for
  687         low-income and very-low-income households for the
  688         2008-2009 fiscal year, expired pursuant to its own
  689         terms, effective June 30, 2009.
  690         Section 21. Subsection (5) of section 733.702, Florida
  691  Statutes, is repealed.
  692         Reviser’s note.—The cited subsection, which authorizes
  693         the Department of Revenue to file a claim against the
  694         estate of a decedent for taxes due under chapter 199
  695         after the expiration of the time for filing claims
  696         provided in subsection (1), if the department files
  697         its claim within 30 days after the service of the
  698         inventory, was repealed by s. 26, ch. 2006-312, Laws
  699         of Florida, effective January 1, 2009. Since the
  700         subsection was not repealed by a “current session” of
  701         the Legislature, it may be omitted from the 2010
  702         Florida Statutes only through a reviser’s bill duly
  703         enacted by the Legislature. See s. 11.242(5)(b) and
  704         (i).
  705         Section 22. Section 985.0395, Florida Statutes, is
  706  repealed.
  707         Reviser’s note.—The cited section, which created the
  708         cost of supervision and care waiver pilot program in
  709         the Fourth and Eleventh Judicial Circuits, was
  710         repealed pursuant to its own terms, effective October
  711         1, 2009.
  712         Section 23. This act shall take effect on the 60th day
  713  after adjournment sine die of the session of the Legislature in
  714  which enacted.

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